PROJECT KYZEN PRIVACY POLICY

Updated: March 17, 2023
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Non-Fungible Theory LLC (“Non-Fungible,” "we," "us" or “our”) takes data privacy seriously.This Kyzen privacy policy (“Kyzen Privacy Policy”) describes our practices and your rights in connection with personal information that we collect, process, or share when you use the Kyzen metaverse (“Metaverse”) and applies to all Kyzen users, including both users who are simply viewing content available via the Services and users who have connected cryptocurrency wallets to Kyzen.

Any other site that we have owned or operated, do own and operate, or may own or operate in the future, including our properties on social media sites, such as Discord are governed by our standard Privacy Policy. To the extent there is a conflict between the Kyzen Privacy Policy and our standard Privacy Policy, the standard Privacy Policy controls.When you access or use the Metaverse, you agree to the terms of this Kyzen Privacy Policy and our Terms of Use, and you agree that the information contained in this Kyzen Privacy Policy serves as notice at or before the point of collection for all personal information collected.Note that within the Metaverse, all of your interactions will occur in a public forum and will be available to other participants, so be very careful and avoid posting or sharing any confidential or proprietary information. Further, the nature of metaverse technologies is such that it may not be possible for users to remain anonymous, and information you share through interacting, including personal characteristics such as speech mannerisms and movements, will be available and evident to others, including, but not limited to, us.

In this Kyzen Privacy Policy, we cover:

• Privacy and the Metaverse
• What Personal Information We Collect 
• How We Collect Personal Information 
• How We Use Personal Information 
• Lawful Bases for Processing
• With Whom Do We Share Personal Information 
• Data Protection Rights
• Tracking Technologies Policy
• Jurisdiction-Specific Data Protection Rights
• International Transfers
• Security, Retention, and Storage of Personal Information
• Children Under 13
• Changes to this Kyzen Privacy Policy
• How to Contact Us

 Privacy and the Metaverse

When you choose to engage in the Metaverse, you will be accessing it by connecting your cryptocurrency wallet to the Metaverse.  While you are in the Metaverse we will collect information about your interactions and your experiences (“Experience PI”), which will be stored exclusively in your cryptocurrency wallet.  This means that when you enter the Metaverse the next time, your experiences and information will immediately be available for your use.  This also means that when you are not in the Metaverse, we will not have access to that information, will not use that information marketing purposes, and we do not store a copy of that information.However, we may interact with you through our own Avatars or in our own forums in the Metaverse, and in that context, we may collect other personal information (“Other PI”) that we may utilize for marketing purposes or other purposes described below. 

What Personal Information We Collect

We collect Experience PI.  When you connect your cryptocurrency wallet to the Metaverse, we may collect related unencrypted credentials such as username and password, and other information you provide to us actively or passively (e.g., the type of cryptocurrency wallet you hold).  We may also collect information related to your precise geographic location, as well as other identifying information including your cryptocurrency wallet addresses, IP addresses, unique device IDs and identifying information about your devices, hardware and software.  We may collect a wide variety of interaction information such as what areas of the Metaverse and you visit and for how long, and what types of interaction you engage in.We collect Other PI.  We collect content you submit or make available when you interact with our Avatars or in our forums in the Metaverse, including when you interact with other users or share content during those interactions or in other community forums and during live Q&A trainings. We also collect information anytime you provide us with feedback, participate in promotions, or use other features of the Metaverse that require personal information. We collect debit or credit card details (cardholder name, card number, expiration date, etc.) or other forms of payment to fulfill orders placed for our products and services.  We do not use your Other PI outside of the Metaverse.All personal information (“PI”) is either Experience PI or Other PI.  Unless otherwise stated, PI is considered to be Other PI.

How We Collect Personal Information

We and our vendors collect PI about you from various sources, directly and indirectly, including from the following:
We collect Experience PI information directly from you and through the use of various tracking technologies. We use various tracking technologies to collect Experience PI from and about you. We collect this information over time and across devices when you access the Metaverse. Learn more about these tools, how we use them and how you can control them by reviewing our Tracking Technologies Policy, below. 

‍We collect Other PI directly from you. For example, we collect information if you interact with us or contact us in any manner. We collect information if you make a purchase. We may also ask you to provide certain information about yourself when you register for an event in the Metaverse or when you choose to participate in a Metaverse-only sweepstakes. All of these activities are completely optional and it is up to you to engage in such activities.  If you do engage in these activities, however, you may be required to provide PI, such as your name and contact information. 

‍We get Other PI about you from vendors we hire to work on our behalf and from other sources. Other parties may give us Other PI about you, including other users of the Metaverse. These other parties might include other users, as well as our business and marketing partners. For example, we may get Other PI about you when you interact in the Metaverse with our business partners or in the forums our business partners maintain. 

‍We combine Other PI with information we collect elsewhere. For example, we may combine information that we have collected offline with Other PI we collect in the Metaverse. Or we may combine other PI we get from another party with Other PI we already have. We may also aggregate your information with other user’s information to understand preferences and trends over time.

How We Use Personal Information 

We use the categories of PI described above for the following purposes:

‍We use Experience PI and Other PI to provide and administer the Metaverse. For example, we use your Experience PI to create and maintain your Avatar profiles, to facilitate participation in the Metaverse, to display customized content, as well as to facilitate your ability to interact and communicate with other users.  When available, we may also use Other PI to facilitate participation in the Metaverse, to display customized content and to facilitate your interaction and communications with other users.

‍We use Experience PI and Other PI for analytics purposes. For example, we may use both kinds of PI to: 

• improve the Metaverse and develop new products, services, and features; and 
• analyze trends and traffic and track usage data.

We use Experience PI and Other PI for safety, security, compliance, and due diligence purposes. We may use your PI to protect our company or others.  We also may use your PI to protect the Metaverse service, as well as to detect and investigate activities that may be illegal or prohibited. We will use certain pieces of your PI to verify your identity if you make requests pursuant to this Kyzen Privacy Policy. The verification steps and the pieces of PI that we request may vary depending on the sensitivity and nature of your request.

‍We use Experience PI and Other PI to comply with any legal obligations and enforce our legal rights. For example, we may use PI to exercise contractual rights, to comply with financial reporting obligations, court orders, warrants, or subpoenas in accordance with applicable law.

‍We use Other PI to fulfill transactions. For example, we use Other PI to process your payments, orders, and requests for products, information, services, or features.

‍We use Other PI to manage your preferences and to communicate with you about your experiences in the Metaverse by:

• responding to your questions and concerns;
• sending you administrative messages and information, including messages from the Avatars and forums we maintain or that our business or marketing partners maintain; notifications about changes to the Metaverse, and updates to our agreements; and
• sending you information about rewards programs, new services, new features, promotions, and other available content (which you can choose not to engage in, at all times).

We use Other PI for advertising and marketing purposes. For example, we might use your Other PI to: 

• market and administer surveys and promotions;
• learn more about you by linking your Other PI with additional data collected through third-party data providers or by analyzing the data with the help of analytics service providers;
• tailor advertisements across devices; and
• track purchases.

We may use your PI as otherwise disclosed or permitted by law, or as we may notify you from time to time.

Lawful Bases for Processing

We process PI as follows:
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We process your PI with your consent. For example, we process your PI with your consent to provide you with the ability to access the Metaverse, including to allow you to retain information about previous visits to the Metaverse. You may choose to not access the Metaverse at any time. You understand that not accessing the Metaverse will not affect the legality of our treatment of your PI while you were using the Metaverse.

‍We process your PI when necessary to perform our agreements with you. This includes the terms and conditions that govern participation in any sweepstakes or promotions that we may offer.

‍We process your PI in pursuit of our legitimate interests. Examples of these legitimate interests include operation and improvement of the Metaverse, personalization of content in the Metaverse, and protection from fraud or security threats.

‍We process your PI when necessary to ensure compliance with a legal obligation to which we are subject. From time to time we may also need to process PI to comply with a legal obligation, if it is necessary to protect the vital interests of you or other data subjects, or if it is necessary for a task carried out in the public interest.

With Whom Do We Share Personal Information 

Note that within the Metaverse, all of your interactions will occur in a public forum and will be available to other participants, so be very careful and avoid posting or sharing any confidential or proprietary information.  Further, the nature of metaverse technologies is such that it may not be possible for users to remain anonymous, and information you share through interacting, including personal characteristics such as speech mannerisms and movements, will be available and evident to others, including, but not limited to, us.
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When we say that we share Experience PI, we mean that companies may be given access to the Metaverse while you are connected to the Metaverse, and in that way, your Experience PI could be shared with them.  Just as we do not retain a copy of the Experience PI, nor do any of the parties, below, with the exception of law enforcement.
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We will share PI with service providers who perform services on our behalf. For example, we share both Experience PI and Other PI with companies that help us manage and operate the Metaverse.  We may also share your PI with service providers that help us investigate and prevent data incidents or audit our business and financial statements. We share Other PI with companies that help us to fulfill purchases, including our eCommerce platform and payment processor Shopify.  To understand how Shopify collects, processes and stores your PI, please review Shopify’s Terms of Service (https://www.shopify.com/legal/terms) or Privacy Statement (https://www.shopify.com/legal/privacy). 
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We will share Other PI with business and marketing partners.  For example, we share Other IP with other parties like advertisers and advertising networks and ad tech companies that assist us in marketing and advertising our products and services within the Metaverse and who may use your Other PI to tailor and provide you with their own content and advertisements within the Metaverse. We may also might share Other PI with other parties who co-sponsor a forum in the Metaverse or a promotion or even just other content available in the Metaverse. They may also share your Other PI with others, but only within the context of the Metaverse. 
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We may share your PI with a successor to all or part of our business. For example, if part of our business is sold, we may include all PI as part of that transaction. We may share your PI if there is a similar change to our corporate structure. We may also share your Other PI with others as they conduct diligence of our corporate changes.

‍We will share your PI with other parties as necessary or required by law. For example, we may share PI to respond to a court order or subpoena.  We may also share PI if a government agency or investigatory body requests it. This includes sharing your PI with the US government or applicable state regulators. We might also share your PI in order to enforce our agreements, and to protect the rights of others. We might also share PI when we are investigating potential fraud.  This might include fraud we think has happened during a promotion. If you are the winner of a sweepstakes or contest, we may also share your PI with anyone who requests a winner’s list.

We may share PI for other reasons we may describe to you from time to time, as permitted by law. 

Data Protection Rights

We value your rights regarding your PI. In accordance with applicable law, you may be entitled to some or all of the following:

• Information. You have the right to request confirmation of whether we store, use, or share any of your PI and to be informed about with whom your PI has been shared.
• Access. You have the right to request copies of your Other PI.  You have access to your Experience PI through your cryptocurrency wallet.
• Rectification. You have the right to change or modify your Other PI that you believe is out-of-date or incorrect.
• Erasure. You have the right to request erasure of your PI that is held by us, subject to certain exceptions as prescribed by applicable law.
• Restrict processing. You have the right to restrict our uses of your PI under certain circumstances as prescribed by applicable law.
• Data portability. You have the right to request copies of your Other PI in an electronic format and request that we send that information to you or another third party under certain circumstances as prescribed by applicable law.
• Object to processing or withdraw consent. You have the right to object to our use of your PI or to withdraw consent where you have given it.
• Avoid automated decision-making.  You have the right not to be subject to a decision based solely on automated processing, including profiling, if this has a legal or other significant effect on you as an individual, subject to certain exceptions as prescribed by applicable law.

We will comply with requests from individuals, including access, correction, and/or deletion of the PI we store in accordance with applicable law.  

We may deny certain requests, or fulfill a request only in part, based on our legal rights and obligations. For example, we may retain PI as permitted by law, such as for tax or other recordkeeping purposes, to maintain an active profile, and to process transactions and facilitate customer requests.  

We will take reasonable steps to verify your identity prior to responding to your requests.  The verification steps will vary depending on the sensitivity of the PI and whether you maintain an account or profile with us.  

You can also designate an authorized agent to make a request on your behalf. If you use an authorized agent, please include written permission that you have designated that agent to make the request, or proof of the agent’s power of attorney. We may follow up with you to verify your identity before processing your authorized agent’s request. 

You may exercise the above rights by emailing us at support@impacttheory.com.

Tracking Technologies Policy

What Are Tracking Technologies
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When you visit the Metaverse we may collect Experience PI from you automatically through various tracking technologies and then associate that information solely with your cryptocurrency wallet.  We may also collect Other PI from you automatically when you interact with our Avatars and our forums.  
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How We Use Tracking Technologies
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We use tracking technologies in a range of ways to improve your experience with the Metaverse, including:

• Strictly necessary tracking. Certain tracking technologies are required for the operation of the Metaverse. They include, for example, technologies that enable you to connect your cryptocurrency wallet to the Metaverse and allow us to record your experiences in the Metaverse. These technologies could include information regarding what language you prefer, what locations you are in, or preferred volume level. This category of tracking technologies cannot be disabled.
• Analytical cookies and tracking. These tracking technologies allow us to recognize and count the number of users and to see how users move around in the Metaverse. This helps us to improve the way the Metaverse works, for example, by ensuring that users are finding what they are looking for easily. Information collected by Google Analytics cookies will be transmitted to and stored by Google on servers in the United States of America in accordance with its privacy practices. To see an overview of privacy at Google and how this applies to Google Analytics, visit https://www.google.com/intl/en/policies/privacy/.

Do Not Track. We do not currently respond to do-not-track signals. Instead, we adhere to the standards set out in this Kyzen Privacy Policy.

Jurisdiction-Specific Data Protection Rights

United States California 
If you reside in California, you have the right to ask us one time each year if we have shared PI with third parties for their direct marketing purposes. To make a request, please send us an email at support@impacttheory.com or write to us at the following address: 9595 Wilshire Blvd., Suite 900, Beverly Hills, CA 90212. Indicate in your letter that you are a California resident making a “Shine the Light” inquiry. Please allow up to 30 days for a response.
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If you reside in California, you also have the right to make the following requests with respect to your PI:

• Access. To the extent we know, you have the right to request that we disclose to you the categories of PI collected about you, the categories of sources from which the PI is collected, the categories of PI sold or disclosed, the business or commercial purpose for collecting and selling the PI, the categories of third parties with whom we share the PI, and the specific pieces of PI collected about you over the past 12 months.
• Deletion. You can request that we delete your Other PI that we maintain about you, subject to certain exceptions.
• Opt-out (Do Not Sell My PI). You can request to opt-out of the sale of your Other PI to a third party. For purposes of this Kyzen Privacy Policy, "sell" means the sale, rental, release, disclosure, dissemination, availability, transfer, or other oral, written, or electronic communication of your Other PI to an outside party for monetary or other valuable consideration.
• Right to be free from discrimination. You have the right not to be discriminated against for exercising these rights.

We may deny certain requests, or fulfill a request only in part, based on our legal rights and obligations. For example, we may retain PI as permitted by law, such as for tax or other record keeping purposes, to maintain an active account, and to process transactions and facilitate customer requests. Employment-related information will not be included in fulfillment of your requests.
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We will take reasonable steps to verify your identity prior to responding to your requests. The verification steps will vary depending on the sensitivity of the PI and whether you have an account with us.
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You may designate an authorized agent to make a request on your behalf. When submitting the request, please ensure the authorized agent identifies himself/herself/itself as an authorized agent and can show written permission from you to represent you. We may contact you directly to confirm that you have authorized the agent to act on your behalf and confirm your identity. You may exercise the above rights by emailing us at support@impacttheory.com.

Nevada

If you are a resident of Nevada, you have the right to opt-out of the sale of certain PI to third parties who intend to license or sell that PI. You can exercise this right by contacting us at support@impacttheory.com with the subject line “Nevada Do Not Sell Request” and providing us with your name and the email address associated with your account. Please note that we do not currently sell your PI as sales are defined in Nevada Revised Statutes Chapter 603A.

Australia
If you are a resident of Australia, you may have the following rights:

• Access. You have right to access the PI we hold about you.
• Correction. You have right to correct your PI when it is incorrect.
• Opt out of Direct Marketing. Under the Australian Privacy Act, you have the right to opt out of the use of your PI for the purpose of direct marketing, including in relation to personalized advertising. If you do not want to share your Other PI for marketing purposes, do not interact with our Avatars or forums, or those of our business or marketing partners.  You will still see non-personalized advertising.

You may exercise the above rights by emailing us at support@impacttheory.com. Please note that we may ask you to verify your identity before responding to such requests. We may deny certain requests, or fulfill a request only in part, based on our legal rights and obligationsIf you have contacted us at support@impacttheory.com with a privacy related complaint and you are not satisfied with our handling of that complaint, you may refer that complaint to the Office of the Australian Information Commissioner:
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GPO Box 5218 Sydney NSW 2001
Email: enquiries@oaic.gov.au
Telephone: 1300 363 992
Website: www.oaic.gov.au

‍Canada

‍If you are a resident of Canada, you may have the following rights:

• Access. You have right to access the PI we hold about you.
• Correction. You are entitled to update or correct your PI if it is inaccurate or incomplete.
• Withdraw consent. You can withdraw your consent at any time to collection, use and disclosure of your PI. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your PI conducted in reliance on lawful processing grounds other than consent.

You may exercise the above rights by emailing us at support@impacttheory.com. Please note that we may ask you to verify your identity before responding to such requests. We may deny certain requests, or fulfill a request only in part, based on our legal rights and obligations.

In addition, if you have contacted us at support@impacttheory.com with a privacy related complaint and you are not satisfied with our handling of that complaint, you have the right to lodge that complaint with the Office of the Privacy Commission of Canada via the following link: https://www.priv.gc.ca/en/report-a-concern/file-a-formal-privacy-complaint/.

If you have any queries or concerns about how we use your PI, please contact our DPO at support@impacttheory.com.

New Zealand
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If you live in New Zealand and have an established business relationship with us, you have the right to:

• Access.  You have the right to ask us for confirmation on whether we are processing your PI, and request access to your PI that we hold.  
• Correction: You are entitled to update or correct your PI, if it is inaccurate or incomplete.

You may exercise the above rights by emailing us at support@impacttheory.com. Please note that we may ask you to verify your identity before responding to such requests. We may deny certain requests, or fulfill a request only in part, based on our legal rights and obligations.

European Economic Area and United Kingdom  

‍If you are located in the EEA or UK, you have the following rights:

• Access. You have the right to ask us for confirmation on whether we are processing your PI, and access to the PI we hold.  
• Rectification: You are entitled to update or correct your PI if it is inaccurate or incomplete.
• Erasure. You have the right to request that we erase your PI.
• Restrict processing: You have the right to request that we restrict the processing of your PI.
• Object to processing: You have the right to object to our processing of your PI.
• Data portability: You have the right to request the transfer of the PI that we have collected and hold to another organization, or directly to you.

You may exercise the above rights by emailing us at support@impacttheory.com. Please note that we may ask you to verify your identity before responding to such requests. We may deny certain requests, or fulfill a request only in part, based on our legal rights and obligations.In addition, if you are in the European Economic Area or the United Kingdom and you have any complaints about how we use your PI, you have the right to lodge a complaint with the data protection authority in your country.  The data protection authority for the UK is the Information Commission’s Office – whose website is https://ico.org.uk/.  Contact information for data protection authorities based in the European Economic Area, Switzerland and certain non-European countries are available on the EU Commission’s website via the following link: https://edpb.europa.eu/about-edpb/about-edpb/members_en.                 

International Transfers

Information about you will be transferred to, or accessed by, entities located around the world as described in this Kyzen Privacy Policy. Some of these entities may be located in countries (such as the United States) that do not provide an equivalent level of protection for PI as your home country.

We have put in place safeguards to provide adequate protection for transfers of certain information, in accordance with applicable legal requirements. For more information on the appropriate safeguards in place, or to request a copy of these safeguards, please contact us using the contact details listed in the How to Contact Us section below.

Security, Retention, and Storage of Personal Information

We cannot promise that your use of the Metaverse will be completely safe or 100% secure. Any transmission of your data the Metaverse is at your own risk. We encourage you to use caution when using the Metaverse and connecting your cryptocurrency wallet. This includes maintaining your cryptocurrency carefully and not sharing passwords or other types of credentials. We keep PI as long as it is necessary or relevant for the practices described in this Kyzen Privacy Policy. We also keep information as otherwise required by law.

Children Under 13

The Metaverse is intended for users 13 years or older; you are not permitted to access or use the Metaverse if you are younger than 13. We do not knowingly collect PI from children under the age of 13 through the Metaverse. If you are under 13, please do not give us any PI.  We encourage parents and legal guardians to monitor their children’s usage of metaverses and to help enforce our Kyzen Privacy Policy by instructing their children to not access the Metaverse and to never provide PI without their permission.  If you have reason to believe that a child under the age of 13 has provided PI to us, please contact us at support@impacttheory.com, and we will endeavor to delete that information. 

Changes to this Kyzen Privacy Policy

We may change this Kyzen Privacy Policy from time to time. If we make significant changes in the way we treat your PI, or to this Kyzen Privacy Policy, we will provide you notice through the Metaverse or by some other means. Your continued use of the Metaverse after such notice constitutes your consent to the changes. We encourage you to periodically review the Kyzen Privacy Policy for the latest information on our privacy practices.

How to Contact Us

Impact Theory
‍9903 Santa Monica Blvd. #1107
Beverly Hills, CA 90212
support@impacttheory.com